O. Reg. 55/12: RULES OF CIVIL PROCEDURE
filed April 19, 2012 under Courts of Justice Act, R.S.O. 1990, c. C.43
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made under the
Courts of Justice Act
Made: April 11, 2012
Approved: April 18, 2012
Filed: April 19, 2012
Published on e-Laws: April 20, 2012
Printed in The Ontario Gazette: May 5, 2012
Amending Reg. 194 of R.R.O. 1990
(Rules of Civil Procedure)
1. Subrule 13.03 (2) of Regulation 194 of the Revised Regulations of Ontario, 1990 is amended by striking out “the Chief Justice of Ontario or the Associate Chief Justice of Ontario” at the end and substituting “the Chief Justice or Associate Chief Justice of Ontario or a judge designated by either of them”.
2. Subrule 29.02 (1) of the Regulation is amended by striking out “whichever is earlier” at the end.
3. The French version of subrule 38.11 (1) of the Regulation is amended by striking out “faute d’un préavis insuffisant” and substituting “faute d’un préavis suffisant”.
4. Clause 58.13 (1) (b) of the Regulation is amended by striking out “goods and services tax” at the end and substituting “harmonized sales tax (HST)”.
5. Subrule 59.05 (2) of the Regulation is revoked and the following substituted:
(2) The registrar shall enter an order by,
(a) noting at the foot of the original, the entry book in which a copy is to be inserted, together with the date of the insertion, and inserting a copy in the entry book;
(b) noting at the foot of the original, the microfilm on which the original is to be photographed, together with the date of the photograph, and microfilming the original; or
(c) using the software authorized by the Ministry of the Attorney General.
6. Subrule 60.08 (16.2) of the Regulation is amended by striking out “Creditors’ Relief Act” and substituting “Creditors’ Relief Act, 2010”.
7. Clause 60.19 (3) (b) of the Regulation is amended by striking out “goods and services tax” at the end and substituting “harmonized sales tax (HST)”.
8. The French version of subrule 61.13 (4) of the Regulation is amended by striking out “dix jours” and substituting “cinq jours”.
9. (1) The English version of subrule 74.04 (1) of the Regulation is amended by striking out “certificate limited to assets” in the portion before clause (a) and substituting “certificate limited to the assets”.
(2) Subrule 74.04 (1) of the Regulation is amended by adding the following clause:
(g.1) in the case of an application for a certificate of appointment of estate trustee with a will limited to the assets referred to in the will, a draft order (Form 74.13.2) granting the certificate of appointment;
10. (1) Subrule 74.06 (1) of the Regulation is amended by striking out “(Form 74.21)” in the portion before clause (a) and substituting “(Form 74.21 or, if the application is for a certificate limited to the assets referred to in the will, Form 74.21.1)”.
(2) Clause 74.06 (1) (c) of the Regulation is amended by striking out “(Form 74.22)” and substituting “(Form 74.22 or, if the application is for a certificate limited to the assets referred to in the will, Form 74.22.1)”.
(3) Subrule 74.06 (1) of the Regulation is amended by adding the following clause:
(c.1) in the case of an application for a certificate of appointment of succeeding estate trustee with a will limited to the assets referred to in the will, a draft order (Form 74.13.2) granting the certificate of appointment;
(4) The English version of subrule 74.06 (2) of the Regulation is amended by striking out “The certificate of appointment of a succeeding estate trustee” at the beginning and substituting “The certificate of appointment of succeeding estate trustee”.
(5) Rule 74.06 of the Regulation is amended by adding the following subrule:
(3) The certificate of appointment of succeeding estate trustee with a will limited to the assets referred to in the will shall be in Form 74.23.1.
11. The English version of subrule 74.07 (2) of the Regulation is amended by striking out “The certificate of appointment of a succeeding estate trustee” at the beginning and substituting “The certificate of appointment of succeeding estate trustee”.
12. (1) Subrule 74.18 (4) of the Regulation is amended by striking out “45” and substituting “60”.
(2) Subrule 74.18 (5) of the Regulation is amended by striking out “60” and substituting “75”.
(3) Subrule 74.18 (7) of the Regulation is amended by striking out “20” and substituting “30”.
(4) Subrule 74.18 (8) of the Regulation is amended by striking out “20” and substituting “30”.
(5) Subrules 74.18 (10), (11), (11.1) and (11.2) of the Regulation are revoked and the following substituted:
Costs
(10) Where the court grants judgment on passing accounts without a hearing, the costs awarded shall be assessed in accordance with Tariff C, except as provided under subrules (11) to (11.5).
Request for Increased Costs
(11) Where the estate trustee or a person with a financial interest in the estate seeks costs greater than the amount allowed in Tariff C, the estate trustee or other person shall serve on every other party to the application,
(a) a request for increased costs (Form 74.49.2 or 74.49.3) specifying the amount of the costs being sought; and
(b) a costs outline (Form 57B).
(11.1) Unless the court orders otherwise, a request for increased costs may be served only during the following period:
1. In the case of an estate trustee, the period beginning 10 days after service of the notice of application is complete and ending 20 days before the hearing date specified in the notice.
2. In the case of a person with a financial interest in the estate, the period beginning 10 days after the notice of application is served on the person and ending 20 days before the hearing date specified in the notice.
(11.2) Any objection or consent to a request for increased costs shall be made by returning the completed Form 74.49.2 or 74.49.3, as the case may be, to the person making the request so that he or she receives it at least 12 days before the hearing date specified in the notice of application.
(11.3) Where a request for increased costs is served under subrule (11), the person making the request shall, at least 10 days before the hearing date specified in the notice of application, file with the court a supplementary record containing,
(a) the documents served under that subrule, together with an affidavit of service of those documents; and
(b) an affidavit containing,
(i) a summary of the responses to the request for increased costs received under subrule (11.2), and a list of the persons who failed to respond, and
(ii) the factors that contributed to the increased costs.
Judgment on Increased Costs Granted Without Hearing
(11.4) The court may, on consideration of the documents referred to in subrule (11.3), grant judgment on a request for increased costs without a hearing, and may, for the purpose, order the person making the request to provide any additional information that the court specifies.
Hearing
(11.5) A hearing to grant judgment on an application to pass accounts, a request for increased costs, or both, shall proceed on the hearing date specified in the notice of application.
(6) Subrule 74.18 (12) of the Regulation is amended by striking out “the hearing” and substituting “a hearing on a passing of accounts”.
13. (1) The Table of Forms to the Regulation is amended by striking out,
|
4B |
General Heading of Documents — Applications |
November 1, 2005 |
and substituting,
|
4B |
General Heading of Documents — Applications |
April 11, 2012 |
(2) The Table of Forms to the Regulation is amended by striking out,
|
4F |
Notice of Constitutional Question |
July 1, 2007 |
and substituting,
|
4F |
Notice of Constitutional Question |
April 11, 2012 |
(3) The Table of Forms to the Regulation is amended by striking out,
|
24.1A |
Notice of Name of Mediator and Date of Session |
November 1, 2005 |
. . . . .
|
55E |
Notice to Creditor |
July 1, 2007 |
. . . . .
|
60I.1 |
Notice to Co-owner of the Debt |
November 1, 2005 |
. . . . .
|
68A |
Notice of Application to Divisional Court for Judicial Review |
July 1, 2007 |
. . . . .
|
73A |
Notice of Application for Registration of United Kingdom Judgment |
July 1, 2007 |
. . . . .
|
74.4 |
Application for Certificate of Appointment of Estate Trustee with a Will (Individual Applicant) |
November 1, 2005 |
|
74.4.1 |
Application for Certificate of Appointment of Estate Trustee with a Will (Individual Applicant) Limited to Assets Referred to in the Will |
November 1, 2005 |
|
74.5 |
Application for Certificate of Appointment of Estate Trustee with a Will (Corporate Applicant) |
November 1, 2005 |
|
74.5.1 |
Application for Certificate of Appointment of Estate Trustee with a Will (Corporate Applicant) Limited to Assets Referred to in the Will |
November 1, 2005 |
. . . . .
|
74.7 |
Notice of an Application for a Certificate of Appointment of Estate Trustee with a Will |
November 1, 2005 |
and substituting,
|
24.1A |
Notice of Name of Mediator and Date of Session |
April 11, 2012 |
. . . . .
|
55E |
Notice to Creditor |
April 11, 2012 |
. . . . .
|
60I.1 |
Notice to Co-owner of the Debt |
April 11, 2012 |
. . . . .
|
68A |
Notice of Application to Divisional Court for Judicial Review |
April 11, 2012 |
. . . . .
|
73A |
Notice of Application for Registration of United Kingdom Judgment |
April 11, 2012 |
. . . . .
|
74.4 |
Application for Certificate of Appointment of Estate Trustee with a Will (Individual Applicant) |
April 11, 2012 |
|
74.4.1 |
Application for Certificate of Appointment of Estate Trustee with a Will (Individual Applicant) Limited to the Assets Referred to in the Will |
April 11, 2012 |
|
74.5 |
Application for Certificate of Appointment of Estate Trustee with a Will (Corporate Applicant) |
April 11, 2012 |
|
74.5.1 |
Application for Certificate of Appointment of Estate Trustee with a Will (Corporate Applicant) Limited to the Assets Referred to in the Will |
April 11, 2012 |
. . . . .
|
74.7 |
Notice of an Application for a Certificate of Appointment of Estate Trustee with a Will |
April 11, 2012 |
(4) The Table of Forms to the Regulation is amended by adding the following:
|
74.13.2 |
Order for Certificate of Appointment of (Succeeding) Estate Trustee with a Will Limited to the Assets Referred to in the Will |
April 11, 2012 |
(5) The Table of Forms to the Regulation is amended by striking out,
|
74.14 |
Application for Certificate of Appointment of Estate Trustee without a Will (Individual Applicant) |
November 1, 2005 |
|
74.15 |
Application for Certificate of Appointment of Estate Trustee without a Will (Corporate Applicant) |
November 1, 2005 |
. . . . .
|
74.20.1 |
Application for Certificate of Appointment of a Foreign Estate Trustee’s Nominee as Estate Trustee without a Will |
November 1, 2005 |
and substituting,
|
74.14 |
Application for Certificate of Appointment of Estate Trustee without a Will (Individual Applicant) |
April 11, 2012 |
|
74.15 |
Application for Certificate of Appointment of Estate Trustee without a Will (Corporate Applicant) |
April 11, 2012 |
. . . . .
|
74.20.1 |
Application for Certificate of Appointment of a Foreign Estate Trustee’s Nominee as Estate Trustee without a Will |
April 11, 2012 |
(6) The Table of Forms to the Regulation is amended by adding the following:
|
74.21.1 |
Application for Certificate of Appointment as Succeeding Estate Trustee with a Will Limited to the Assets Referred to in the Will |
April 11, 2012 |
. . . . .
|
74.22.1 |
Consent to Applicant’s Appointment as Succeeding Estate Trustee with a Will Limited to the Assets Referred to in the Will |
April 11, 2012 |
. . . . .
|
74.23.1 |
Certificate of Appointment of Succeeding Estate Trustee with a Will Limited to the Assets Referred to in the Will |
April 11, 2012 |
(7) The Table of Forms to the Regulation is amended by striking out,
|
74.30 |
Application for Certificate of Appointment of Estate Trustee During Litigation |
November 1, 2005 |
. . . . .
|
74.44 |
Notice of Application to Pass Accounts |
July 1, 2007 |
. . . . .
|
74.49.2 |
Request for Increased Costs (Estate Trustee) |
July 1, 2007 |
|
74.49.3 |
Request for Increased Costs (Person other than Estate Trustee) |
July 1, 2007 |
|
74.50 |
Judgment on Unopposed Passing of Accounts |
November 1, 2005 |
|
74.51 |
Judgment on Contested Passing of Accounts |
July 1, 2007 |
and substituting,
|
74.30 |
Application for Certificate of Appointment of Estate Trustee During Litigation |
April 11, 2012 |
. . . . .
|
74.44 |
Notice of Application to Pass Accounts |
April 11, 2012 |
. . . . .
|
74.49.2 |
Request for Increased Costs (Estate Trustee) |
April 11, 2012 |
|
74.49.3 |
Request for Increased Costs (Person other than Estate Trustee) |
April 11, 2012 |
|
74.50 |
Judgment on Unopposed Passing of Accounts |
April 11, 2012 |
|
74.51 |
Judgment on Contested Passing of Accounts |
April 11, 2012 |
14. Item 36 of Part II of Tariff A of the Regulation is amended by striking out “Goods and services tax” at the beginning and substituting “Harmonized sales tax (HST)”.
15. (1) Item (1) of Tariff C of the Regulation is revoked and the following substituted:
|
(1) |
ESTATE TRUSTEE |
Amount of costs |
|
|
Amount of receipts |
|
|
|
Less than $300,000 |
$2,500 |
|
|
$300,000 or more, but less than $500,000 |
3,000 |
|
|
$500,000 or more, but less than $1,000,000 |
3,500 |
|
|
$1,000,000 or more, but less than $3,000,000 |
5,000 |
|
|
$3,000,000 or more |
7,500 |
(2) The second note to Tariff C of the Regulation is amended by striking out “G.S.T.” and substituting “harmonized sales tax (HST)”.
Commencement
16. (1) Subject to subsection (2), this Regulation comes into force on the later of July 1, 2012 and the day it is filed.
(2) Subsection 13 (2) and this section come into force on the day this Regulation is filed.